He is the sole defendant in one of the subsequent actions and is only one of several defendants in the other. Plaintiff had succeeded in the prior action on the trial and in this court ( 19 A.D.2d 174, affg. 39 Misc.2d 262); but the Court of Appeals reversed and dismissed the complaint ( 13 N.Y.2d 267). Two questions are involved: first, whether CPLR has changed the common-law rule as to such stays, and, second, whether there is a sufficient similarity between the two subsequent actions and the prior action to warrant a discretionary stay.
Decided August 30, 1963 Appeal from (1st dept.: 19 A.D.2d 174) MOTIONS FOR LEAVE TO APPEAL.